Patient pleads guilty in backyard pot case

A 47-year-old Adrian man gave up an 18-month legal battle over a backyard marijuana grow and pleaded guilty to a reduced criminal charge Wednesday.

Felony marijuana manufacture and firearms charges were dismissed after Robert Michael McFarland pleaded guilty in Lenawee County Circuit Court to a misdemeanor marijuana possession charge. He was immediately sentenced to two years’ probation under a law that will allow the conviction to be erased if he successfully completes probation.

“This has been going on for a year and a half, and I am still confused with this situation,” he told Judge Timothy P. Pickard.

The 19 plants in his backyard were within the limits for someone growing for two medical marijuana patients, defense attorney James Daly of Adrian said in a motion to dismiss the charges filed nearly a year ago. The yard was a secured location because it was fenced and protected by three rottweiler dogs, Daly stated.

Large marijuana plants in the backyard of McFarland’s home on Bradish Street were not within a locked facility as required by state law, Assistant Lenawee County Prosecutor Rodney Leon said in his written response to the motion.

“In the instant case, the defendant’s marijuana was growing outside the facility to the point that it was up against the neighbor’s fence and could be picked from the adjoining property without entering defendant’s backyard,” Leon stated.

Daly also asked for a dismissal at a preliminary examination in district court on Dec. 12, 2012, arguing McFarland’s marijuana plants met legal requirements of being in a secured location.

“I’m already ruling the answer is no. In fact, you got to be kidding,” Judge James E. Sheridan said after reviewing photographs of the backyard pot. “It’s sort of this is a come-and-get-it situation. There isn’t any enclosure,” Sheridan said.

Pickard told McFarland Wednesday that he also failed to provide evidence he was following a doctor’s orders in arguing a defense under a section of the medical marijuana law that would not require a secured facility.

“You understand you were not complying with state law?” Pickard asked.

“Yes,” said McFarland.

The medical marijuana law has been tightened, Pickard said, to require that cardholders be under continuing care of a doctor and following directions for the amount of marijuana to use.

“It’s not just, get a card and smoke all you want,” Pickard said. “It has to be honestly for medical purposes.”

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